This petition has been filed by the petitioner, who is appearing as 'party in person', alleging wilful disobedience of the directions given by this Court vide judgment dated 19.07.2013, whereby the respondents were directed to consider the claim of the petitioner in the 'General Category' and to have the proceedings finalised in terms of the Scheme for allotment of land under the 'Zero Landless Scheme' as expeditiously as possible. It was also made clear that no person who is standing next/behind the petitioner in the queue shall be given any benefit before entertaining and finalizing the claim of the petitioner. 2. Pursuant to the steps taken by this Court, an affidavit has been filed by the second respondent/District Collector; paragraphs 3, 4 and 5 of which read as follows:
“3. It is respectfully submitted that in Thiruvananthapuram district 35481 number of beneficiaries were selected under the scheme considering the applications received on Village wise. The petitioner Sri P.E. Thomas has already included in the list of beneficiaries of Zerolandless Project-2015 as ID No.20719 of Thycaud Village.
4. In the 1st Phase of the project, 3168 plots were identified from the villages in which lands were available and allotted to various categories of the beneficiaries in the same village selected as per the provisions contained in GO.(MS) 354/13/RD dated 27.08.2013. All the selection process as per the Government order is done through software and the beneficiary list is prepared on Village wise on the basis of the applications received in each Village in the district. In the above Government Order it is clearly specified that land identified in a particular village shall be given to the beneficiaries in that particular village itself. In Thycaud Village in which the petitioner applied for assignment in Zerolandless Project, no land was identified under the Zero landless Scheme and no one in the beneficiary list of Thycaud Village including the petitioner has been given land under the Zerolandless Project 2015.
5. In this circumstances, it is humbly submitted that the petitioner has already included in the beneficiary list of the Thycaud Village where he applied for land under this scheme and no one next/behind the petitioner shall allotted the land in this scheme”
3. A rejoinder has been filed by the petitioner particularly asserting in paragraph '6' that the version of the respondents that no land is available in Thycaud Village for allotment of land under the 'Zero Landless Scheme' is not correct . It is also pointed out that, though land is available in Block No.93, Re.Sy. No.8, Thiruvananthapuram Taluk, the same has not been considered for allotment and hence they are liable to be proceeded against for wilful disobedience amounting to contempt.
4. The second respondent has filed an additional affidavit dated 01.01.2014 pointing out the factual particulars, particularly with reference to the property mentioned by the petitioner in paragraph '6' of the rejoinder. Relevant portion reads as follows:
“6. In compliance with the judgment the application of the petitioner has been included in the beneficiary list of Thycaud village of Thiruvananthapuram District for the Zero Landless Project 2015 with ID.No.20719. It is humbly submitted that the beneficiaries of the Zero Landless Project 2015 was selected through Village Offices from among the eligible applicants. In Thiruvananthapuram District, there are 35841 beneficiaries on the select list for the Scheme. In the 1st phase of the Project only 3168 plots could be identified from the villages in which lands were available and allotted to the various categories of beneficiaries in the same village in compliance with the provisions contained in the GO(MS) No.354/13/RD dated 27.08.2013. The copy of the Government Order is produced herewith and marked as Annexure R2(d). The whole selection process based on Annexure R2(d) Government Order is being carried out through software and beneficiary list is prepared on Village wise on the basis of the applications received in each village in the district.”
5. The learned Government Pleader appearing for the respondents submits that the version of the petitioner that there is callous inaction on the part of the respondents and that there is wilful disobedience is far from the track of truth. It is stated that, pursuant to the direction given by this Court, the matter was considered and the petitioner has been enlisted in the list of eligible persons for allotment of land under the Scheme. The petitioner, based on the norms prepared by the Government with regard to allotment, has been included at 'Sl.No.268' of the list, a copy of which has been produced as Annexure R2(c) along with the said additional affidavit. It is also asserted that, nobody who is standing behind the petitioner has been given the benefit of the Scheme and that the case of the petitioner will be considered strictly in terms of the priority and placement in the list.
In the said circumstance, this Court finds that there is no contumacious act on the part of the respondents so as to proceed with further steps in terms of the provisions of the Contempt of Courts Act. The matter is closed accordingly.
P.R.RAMACHANDRA MENON JUDGE lk